Petition to Remove Travis County District Attorney José Garza Moves Forward

Travis County District Attorney José Garza is facing a petition to remove him from office, marking the first of its kind in Texas to reach this stage. The petition, accepted by District Judge Dib Waldrip, alleges official misconduct by Garza, including a blanket non-prosecution policy on drug possession and abortion cases, among other claims.

The petition, authored by Martin Harry, the Republican D.A. nominee Garza defeated in 2020, points to three main areas of concern. However, legal experts believe that the allegations are unlikely to hold up in court. Garza’s office has not implemented a blanket non-prosecution policy for drug possession cases, and his statements on abortion cases made before the law took effect are not applicable under HB 17.

Furthermore, Garza’s policy of presenting excessive force cases to a grand jury is not uncommon and has been practiced by previous district attorneys in Travis County. The decision now lies in Judge Waldrip’s hands, who could dismiss the case or allow it to proceed to trial.

The petition has sparked a debate on the impact of HB 17, also known as the “rogue prosecutor” law, on the ability of elected prosecutors to carry out their duties and communicate their priorities to the public. Critics argue that the law undermines the democratic process by allowing for the removal of prosecutors based on their policy decisions.

Despite the petition’s advancement to trial, it is unlikely to result in Garza’s removal from office. The case has drawn attention to the challenges faced by progressive prosecutors in Texas and the potential implications of HB 17 on prosecutorial discretion and accountability.